ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02649
		INDEX CODE:  111.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge (UOTHC) be upgraded to honorable.

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STATEMENT OF FACTS:

The applicant’s records were destroyed by fire at the National Personnel Records Center (NPRC) in 1973.  Therefore, the facts surrounding his separation cannot be verified.  Data extracted from his reconstructed records reflects that he enlisted in the Regular Force on 26 Oct 54.  He was separated on 28 Feb 58, under the provisions of AFR 39-17, Unfitness, and issued a UOTHC discharge.  The applicant served three years and four months of active service.  

On 30 Nov 04, the Board denied the applicant’s request that his discharge be upgraded.  A copy of the Record of Proceedings is at Exhibit C (with Exhibits A through B).

By application, dated 26 Jun 09, the applicant requests reconsideration and contends the Air Force policy concerning discharge for unfitness was changed in Mar 50, allowing airmen discharged under AFR 39-17, to receive a general or honorable discharge.

In support of the appeal, the applicant provides two personal statements, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and copies of two similar cases (Exhibit D).

On 4 Aug 09, the AFBCMR requested the applicant provide information pertaining to his post service activities since leaving the service (Exhibit E).

By letter, dated 22 Jun 09, the applicant states that he has overcome the behavioral traits related to his discharge from the Air Force, he has raised his children and worked for over 40 years for the same company.  He is active in his community and has been a caring and compassionate person.

The applicant’s complete submission, with attachments, is at Exhibit F.

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THE BOARD CONCLUDES THAT:

As previously noted, the Board determined that there was insufficient evidence to warrant any corrective action.  The Board, after a complete review of the evidence of record and based on the presumption of regularity in the conduct of governmental affairs, must again assume the applicant’s UOTHC discharge was proper and in compliance with the directive under which it was effected.  Furthermore, because of the limited post-service documentation provided, we are not inclined to recommend upgrading his discharge based on clemency at this time.  In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to act favorably on the applicant’s request for upgrade of his discharge.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02649 in Executive Session on 23 Sep 09 under the provisions of AFI 36-2603:

The following documentary evidence was considered under AFBCMR Docket Number BC-2004-02649:

   Exhibit C.  Record of Proceedings, dated 22 Dec 04, w/atchs.
   Exhibit D.  DD Form 149, dated 29 Jun 09, w/atchs.
   Exhibit E.  Letter, AFBCMR, dated 4 Aug 09, w/atch.
   Exhibit F.  Letter, Applicant, dated 22 Jun 09, w/atchs.